2013-026 Barkeritaville - RezoningDOCH 20130627678 B: 10670 P: 0611
11/27/2013 10:36:49 AM Page 1 of 5
Rec Fee: $44.00
ORDINANCE NO. 2013 -026
(Rezoning Ordinance for Barkeritaville)
Martha 0. Haynie, Comptroller
Orange County FL
MB - Ret To: 6cOEE
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TAX PARCEL ID: 31- 22- 28- 0000 -00 -003
31- 22- 28- 0000 -00 -004
CASE NO. RZ- 13- 08 -07: Barkeritaville
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY CITRUS
RURAL DISTRICT (A -1) TO OCOEE PUD, "PLANNED UNIT
DEVELOPMENT," ON CERTAIN REAL PROPERTY CONTAINING
APPROXIMATELY 14.31 ACRES LOCATED ON THE EAST SIDE OF
TOMYN ROAD AND NORTH OF ROBERSON ROAD, PURSUANT TO
THE APPLICATION SUBMITTED BY THE PROPERTY OWNER;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN; PROVIDING FOR AND AUTHORIZING
THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING
INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant') of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted
an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission ") to rezone said real property (the "Rezoning "); and
WHEREAS, the Applicant seeks to rezone certain real property containing
approximately 14.31 acres, more particularly described in Exhibit "A" attached hereto and by
this reference made a part hereof, from. Orange County Citrus Rural District (A -1) to Ocoee
PUD, "Planned Unit Development ", and
WHEREAS, pursuant to Section 5 -9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code "), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance 991 -28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan'); and
WHEREAS, said Rezoning application was scheduled for study and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning
Commission'); and
WHEREAS, on September 10, 2013 the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Plan and determined that the Rezoning requested by the Applicant is consistent with the Ocoee
Comprehensive Plan, and is in the best interest of the City and recommended to the Ocoee City
Commission that the zoning classification of said real property be rezoned as requested by the
Applicant, and that the Ocoee City Commission finds that the Rezoning requested by the
Applicant is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, on September 17, 2013 the Ocoee City Commission held a de novo
advertised public hearing with respect to the proposed Rezoning of said real property and
determined that the Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUT'HORI'TY The Ocoee City Commission has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes.
SECTION 2. REZONING The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit "A" containing approximately 14.31 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
Citrus Rural District (A -1), to Ocoee PUD, "Planned Unit Development." A map of said land
herein described which clearly shows the area of the Rezoning is attached hereto as Exhibit "B"
and by this reference is made a part hereof.
SECTION 3. LAND USE PLAN The following Land Use Plan for the Property
described in Exhibit "A" to this Ordinance is hereby approved subject to the Conditions of
Approval and Waiver(s), if any, from the Ocoee Land Development Code set forth thereon:
That certain Land Use Plan for Barkeritaville PUD prepared by Florida
Engineering Group, date stamped received by the City on August 28, 2013 with
such additional revisions thereto, if any, as may be reflected in the minutes of the
City Commission of the City of Ocoee meeting approving the same (the "Land
Use Plan ").
The above described L.,and Use Plan is attached hereto as Exhibit "C" and by this reference
made a part hereof.
SECTION 4. COMPREHENSIVE PLAN The City Commission hereby finds the
Rezoning of the lands described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan,
SECTION 5. ZONING MAP The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5 -1(G) of Article V of Chapter
180 of the Ocoee City Code.
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SECTION 6. CONFLICTING ORDINANCES All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 7. SEVERABILITY If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 8. EFFECTIVE DATE This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this `:5 day of \\.'[ C ti i r , 20
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
4 13etikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED
AS TO FORM AND LEGALITY
this } day of Oc>\J , 20 1 3
Shuffield Lowman & Wilson P.A.
By:
Scott A. o s ty Atto ey
S. Scott Vandergrift, Mayor
ADVERTISED -': 201
READ FIRST TIME 20 d.
READ SECOND TIME AND ADOPTED
201:�.
Under Agenda Item No. rte
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EXHIBIT "A"
(The "Property ")
PARCELS 1, 2,3 AND B ALSO BEING DESCRIBED AS:
A portion of the Northwest 1/4 of Section 31, Township 22 South, Range 28 East, Orange
County, Florida, being more particularly described as follows:
COMMENCE at the West 1/4 corner of Section 31, Township 22 South, Range 28 East, Orange
County, Florida; thence run North 00'19'13 " West, along the West line of the Northwest 1/4 of
said Section 31, for a distance of 1317.53 feet to the Northwest corner of the Southwest 1/4 of
the Northwest 1/4 of said Section 31; thence departing said West line, run North 89 °14'11" East,
along the North line of the Southwest 1/4 of the Northwest 1/4 of said Section 31, for a distance
of 388.08 feet to a point on the Easterly limited access right of way line of State Road 429 to the
POINT OF BEGINNING; thence departing said North line, run North 31 °29'02" East, along said
Easterly limited access right of way line, for a distance of 87.82 feet to the point of curvature of a
curve, concave Northwesterly, having a radius of 149239 feet, a chord bearing of North
25 °58'25" East and a chord distance of 286.63 feet; thence run Northerly along the arc of said
curve, and said Easterly limited access right of way line, through a central angle of 11 °01'16" for
an arc distance of 287.07 feet to a point on the North line of the South 1/4 of the Northwest 1/4
of the Northwest 1/4 of said Section 31; thence departing said curve, and said Easterly limited
access right of way line, run North 89 °08'47" East, along said North line, for a distance of 764.66
feet to a point on the East line of the Northwest 1/4 of the Northwest 1/4 of said Section 31;
thence departing said North line, run South 00 °12'40" East, along the said East line of the
Northwest 1/4 of the Northwest 1/4 of said Section 31, and the East line of the Southwest 1/4 of
the Northwest 1/4 of said Section 31, for a distance of 495.83 feet to a point on the South line of
the North 5 (five) acres of the Southwest 1/4 of the Northwest 1/4 of said Section 31; thence
departing said East line, run South 89 °14'11" West, along said South line, for a distance of
662.52 feet to a point on the East line of the Northwest 1/4 of the Southwest 1/4 of the Northwest
1/4 of said Section 31; thence departing said South line, run South 00 °15'56" East, along said
East line, for a distance of 496.49 feet to a point on the South line of the Northwest 1/4 of the
Southwest 1/4 of the Northwest 1/4 of said Section 31; thence departing said East line, run South
89 °24'59" West, along said South line, for a distance of 367.03 feet to a point on the East line of
the West 295 feet of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section
31; thence run North 00 °19'13" West along the said East line, for a distance of 510.34 feet to a
point on the aforesaid Easterly limited access right of way line of State Road 429; thence
departing said East line, run North 31'29'02" East, along said Easterly limited access right of
way line, for a distance of 176.59 feet to the POINT OF BEGINNING.
Containing 14.31 acres, more or less.
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EXHIBIT "B"
Exhibit "B"
Location Map
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